White-collar and organized crime Flashcards
What are white-collar crimes?
Economic offenses characterized by deception or abuse of trust and often involving the use of modern technologies.
What is organized crime?
Involves offenses committed by persons or groups who conduct their business through illegal enterprises.
What are some examples of organized crime?
- Loan sharking
- Racketeering
- Drug trafficking
- Gambling
- Prostitution
What is loan-sharking?
The practice of lending money at illegal rates of interest.
What is racketeering?
A system of organized crime involving the extortion of money from businesses by intimidation, violence, or other illegal methods.
What is a common objective of organized crime?
Attempt to gain political influence through corruption.
Under common law, can corporations be held criminally responsible for its acts?
No, because a corporation is an artificial being that is incapable of forming mens rea and cannot be imprisoned.
Under strict liability, can corporations be held criminally responsible for its acts?
Yes, because offenses of this nature do not require proof of mens rea.
Under specific intent, can corporations be held criminally responsible for its acts?
No, because corporations cannot form the necessary mens rea.
Today, can corporations be held criminally liable for the acts of its agents?
Yes, corporations can be held criminally liable for the acts of their agents committed within the scope of the agent’s authority.
Review the U.S. Supreme Court’s ruling in N.Y Cent & Hudson River R.R. Co. v United States (1909).
What is § 2.07 of the Model Penal Code?
A corporation may be convicted of an offense under the following:
1. offense is in violation of a statute holding corporations liable; or
2. offense is a failure to discharge a duty defined by law; or
3. offense was committed with the blessing of the board of directors
What is the Sherman Antitrust Act?
A federal statute that prohibits any contract, combination, or conspiracy to restrain trade. Has civil remedies and criminal sanctions.
What is intellectual property?
Products of human intellect.
Includes:
- Inventions
- Plays
- Stories
- Films
- Music
- Trade secrets
What is a patent?
A government grant of the right to exclude others from producing or using a discovery or invention.
What is a copyright?
A form of legal protection provided to the authors of original literary, musical, artistic, and architectural works.
